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基因测序领域又起纠纷,Illumina诉华大集团子公司专利侵权

  • Categories:最新消息
  • Author:华讯知识产权
  • Origin:
  • Time of issue:2019-06-02 15:41
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(Summary description)在基因测序领域,基因测序仪是基因检测中的必备设备,生物样本进行处理后,进入测序仪,之后对测序仪生成的原始数据进行生物信息分析,得出测序结果。在该领域,Illumina是当之无愧的霸主,根据2016年的数据,全球90%的二代基因检测数据由Illumina生成。Illumina成立于1998年,总部位于美国圣地亚哥,主要从事开发、制造以及销售用于分析遗传变异和生物功能的综合系统。2006年,Illum

基因测序领域又起纠纷,Illumina诉华大集团子公司专利侵权

(Summary description)在基因测序领域,基因测序仪是基因检测中的必备设备,生物样本进行处理后,进入测序仪,之后对测序仪生成的原始数据进行生物信息分析,得出测序结果。在该领域,Illumina是当之无愧的霸主,根据2016年的数据,全球90%的二代基因检测数据由Illumina生成。Illumina成立于1998年,总部位于美国圣地亚哥,主要从事开发、制造以及销售用于分析遗传变异和生物功能的综合系统。2006年,Illum

  • Categories:最新消息
  • Author:华讯知识产权
  • Origin:
  • Time of issue:2019-06-02 15:41
  • Views:
Information

在基因测序领域,基因测序仪是基因检测中的必备设备,生物样本进行处理后,进入测序仪,之后对测序仪生成的原始数据进行生物信息分析,得出测序结果。在该领域,Illumina是当之无愧的霸主,根据2016年的数据,全球90%的二代基因检测数据由Illumina生成。Illumina成立于1998年,总部位于美国圣地亚哥,主要从事开发、制造以及销售用于分析遗传变异和生物功能的综合系统。2006年,Illumina通过收购英国公司Solexa正式进入基因测序领域。长期以来,Illumina利用自己在该领域的技术优势和在知识产权领域的长期积累,经常以专利侵权的手法去起诉打击竞争对手。仅2017年,Illumina就向欧洲五家公司提起专利诉讼,这五家公司分别为英国Doctors Laboratory、TDL Genetics和罗氏旗下的Ariosa Diagnostics,以及波兰两家公司Centrum Badan和Medgenetix。

华讯

2019年,Illumina再次用惯用的手法对自己潜在的竞争对手进行打击,而这一次,他的目标是华大集团。2019年4月,Illumina在德国杜塞尔多夫地区法院对华大集团(BGI)子公司拉脱维亚华大智造提起专利侵权诉讼,认为华大智造的测序产品,包括BGISEQ-500、MGISEQ-2000和相关化学试剂,侵犯了其欧洲专利EP1530578B1,该专利保护的是Illumina公司特有的边合成边测序的技术。2019年5月,Illumina在丹麦海事和商业高等法院向华大集团子公司BGI Europe A/S提起专利侵权诉讼,认为其生产的BGISEQ-500、MGISEQ-2000和相关化学试剂,侵犯了其欧洲专利EP3002289B1,该专利主要保护Illumina专有的合成测序化学。此外,在此诉讼中,Illumina还指控BGI的产品名称MGISEQ-2000侵犯了其注册商标“MISEQ”。

华讯

Illumina和华大并不是一开始就这样针锋相对,在2012年之前,Illumina和华大曾经有一段较为愉快的合作时光。在2010年,华大曾一次性向Illumina购买了128台二代测序仪器,成为Illumina的第一个大客户。因为此次合作,华大一举成为全球最大的测序服务商,而Illumina也是依赖于华大的使用反馈,产品越来越完善成熟。而当华大在国内市场的份额越来越高时,Illumina感觉到威胁,开始采取措施遏制华大的发展。2012年,Illumina开始提高部分试剂的价格,并提出天价的保修合同,且减少了对华大的价格优惠。因为测序仪器都是要配合试剂一起使用的,没有试剂,之前华大高额购买的测序仪将变得一文不值。后来,华大以1.176亿美元完成对Complete Genomics公司的全额收购,此后通过技术转化以及自主研发等途径,华大智造在二代测序仪上逐渐找到突破点,华大基因也慢慢不再从Illumina采购,转向采购华大智造的产品。

华讯

据华大智造COO蒋慧介绍,华大智造测序仪使用的核心技术为DNBSEQ,其是基于单链滚环的扩增技术,而其他公司都是基于芯片上的桥式PCR技术,在芯片上进行PCR的扩增,两种测序仪还是存在较大的差别。但是就华大智造的测序仪以及配套试剂是否侵权,并非直接进行竞品产品之间的比对,而是根据涉案专利的权利要求范围而定。

涉案的两篇专利EP1530578B1和EP3002289B1的申请日均为2003年8月22日,一般专利的有效期为20年,因此,这两篇专利于2023年8月22日到期。这两篇专利及其同族主要是在一些欧美国家取得专利权,在中国的同族专利申请并未获得授权。因此,在中国地区,Illumina和华大集团应该不会就这两篇专利申请产生诉讼纠纷。

华讯

针对华大如何应对,蒋慧表示,专利纠纷的具体情况目前尚不清楚,华大会积极应对,必要时不排除反诉。但是,就目前公开的数据而言,华大在欧洲的授权专利有21篇,而Illumina在欧洲的授权专利数量高达1370篇,二者在专利上还是存在相当大的差距,因此,通过华大想要通过反诉的手段来与Illumina抗衡,难度还是较大。从华大的专利布局来看,其大部分专利均只在中国申请,不排除其将中国当作其主战场。

基因测序行业上游大部分市场仍然被Illumina等国外巨头占据,测序仪设备包括生化、电路、光学、机械等综合科学,没有积累的企业想要入局其实是相当困难的。华大面临的此次专利战,也是一场胜算不明朗的硬仗。

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Electronic

Electronic Arts pledges free use for five accessibility patents

Electronic Arts pledges free use for five accessibility patents Recently, Electronic Arts (EA) announced a patent pledge that gives other companies and developers free access to five of its current accessibility-related patents and technology. The company promised not to enforce against any party for infringing any of the listed patents. Instead, EA hopes to encourage “innovation” and build new features that make video games more inclusive on a much larger scale by opening up the patents.  Electronic Arts (EA) is an American video game company founded in 1982. The company owns many popular and famous games, such as The Sims, SimCity, Apex Legends, Madden NFL and FIFA. Each of the games has more than 30 or 50 million sales volume. Significantly, esports involves FIFA and Apex Legends into the event list. Apex Legends has up to 1 billion players, and it is so popular that it has a Switch version. Within the freely available patents, one of which grabs everyone’s attention -- Apex Legends’ ping system (patent No. US 11097189). The ping system in Apex Legends, which excellently allows players to make communication and teamwork quick and easy without hearing or speaking, has been praised both as an impressive alternative to voice chat and as a great accessibility feature for players with a variety of disabilities.  The other patents include the technology widely used in the FIFA and Madden NFL. The innovations can automatically detect and modify colors (patent No. US 10118097 and CN 107694092) and contrast ratios (patent No. US 10878540) to improve gamers’ visibility with colorblindness and low vision. Furthermore, one of the patents relates to personalized sound technology, helping players with hearing issues by modifying or creating music based on their preferences (patent No. US 10790919).   The code of the mentioned technology is published on EA’s GitHub, and it is open to all developers. Thus, the developers can use it or adapt it for their games without spending the costs to research. It is good that EA shares the patents for free use and aims to create an accessibility-increased gaming environment for players. However, it is not “unconditional” to use the listed patents. In the pledge, EA mentioned that it may terminate the promise for a specific party which files a patent infringement lawsuit or other patent proceedings against EA. We can see parts of EV’s ambition behind the announcement—to build a large game developer league and a community of shared interests.     Reference: https://www.ea.com/commitments/positive-play/accessibility-patent-pledge https://iknow.stpi.narl.org.tw/Post/Read.aspx?PostID=14562 https://www.polygon.com/22639469/apex-legends-electronic-arts-patent-pledge-accessibility-developers https://www.theverge.com/2021/8/24/22638535/ea-accessibility-patent-pledge-apex-legends-ping-system https://www.gamesradar.com/ea-secures-a-patent-for-the-apex-legends-ping-system-and-its-giving-it-away-for-free/ https://dotesports.com/apex-legends/news/apex-legends-ping-system-is-now-patent-free-for-accessibility https://www.nintendolife.com/news/2021/08/apex_legends_ping_system_now_patent-free_as_ea_announces_accessibility_pledge Recently, Electronic Arts (EA) announced a patent pledge that gives other companies and developers free access to five of its current accessibility-related patents and technology. The company promised not to enforce against any party for infringing any of the listed patents. Instead, EA hopes to encourage “innovation” and build new features that make video games more inclusive on a much larger scale by opening up the patents.    Electronic Arts (EA) is an American video game company founded in 1982. The company owns many popular and famous games, such as The Sims, SimCity, Apex Legends, Madden NFL and FIFA. Each of the games has more than 30 or 50 million sales volume. Significantly, esports involves FIFA and Apex Legends into the event list. Apex Legends has up to 1 billion players, and it is so popular that it has a Switch version.   Within the freely available patents, one of which grabs everyone’s attention -- Apex Legends’ ping system (patent No. US 11097189). The ping system in Apex Legends, which excellently allows players to make communication and teamwork quick and easy without hearing or speaking, has been praised both as an impressive alternative to voice chat and as a great accessibility feature for players with a variety of disabilities.    The other patents include the technology widely used in the FIFA and Madden NFL. The innovations can automatically detect and modify colors (patent No. US 10118097 and CN 107694092) and contrast ratios (patent No. US 10878540) to improve gamers’ visibility with colorblindness and low vision. Furthermore, one of the patents relates to personalized sound technology, helping players with hearing issues by modifying or creating music based on their preferences (patent No. US 10790919).   The
2021-10-22
The

The forum on "China's Intellectual Property-related Reform Measures and New Trends in Patent Litigation" will be held successfully!

The forum on "China's Intellectual Property-related Reform Measures and New Trends in Patent Litigation" will be held successfully! In response to the call for building a strong country with intellectual property rights, at 2 o'clock in the afternoon of October 21, the forum on "China's reform measures related to intellectual property rights and new trends in patent litigation" will be successfully held in Nanjing Jiangbei New District Industrial Technology Research and Innovation Park. The event was hosted by the Science and Technology Innovation Bureau of Nanjing Jiangbei New Area Management Committee, Nanjing Jiangbei New Area Industrial Technology Research and Innovation Park, Nanjing Intellectual Property Rights Protection Assistance Center Jiangbei New District Center, Nanjing Huaxun Intellectual Property Consultant Co., Ltd., Nanjing Intellectual Property Co-organized by the Protection Center (Nanjing Intellectual Property Rights Protection Assistance Center), Taiwan Pharmaceutical Development Association, and Gene Online. The director of Nanjing Intellectual Property Protection Center, Mou Xiaojian, delivered a speech. Director Mu expressed his warm congratulations on the holding of this event and introduced in detail the new pattern of intellectual property protection in Nanjing. He said: At present, Nanjing has implemented a rights protection assistance network in the municipal area. With full coverage, Nanjing Intellectual Property Protection Center is willing to closely communicate and interact with Nanjing's innovation entities, and provide relevant public welfare services such as rapid pre-review, rapid rights protection, and comprehensive utilization for enterprises in need. In addition, Huang Funan, CEO of Gene Online, was unable to come to congratulate due to the epidemic, and recorded a congratulatory video. In the video, he said: China Innovative Pharmaceuticals has already made many outstanding achievements on the international stage, and these are inseparable from intellectual property rights. The support of the company can also show the importance of intellectual property rights to biotechnology and pharmaceutical companies. This event invites four industry experts to focus on China's reform measures related to intellectual property rights and new trends in patent litigation, discuss with companies and universities, and make arrangements in advance. Dr. Qingchen Hou, general manager of Nanjing Huaxun Intellectual Property Consulting Co., Ltd., introduced the "Guidelines for Building a Powerful Country with Intellectual Property Rights (2021-2035)" and explained his views from four aspects: background, strategic layout, overall requirements, and organizational guarantees. . Subsequently, a detailed analysis of China's patent linkage system was carried out, and compared with the same types of cases at home and abroad, questions were raised: Why should we reward the first person who successfully challenged patents? Not the first person to file a P4 application? And have a series of discussions with you. Director Jiang Haijun of the Intellectual Property Protection Legal Committee of the Nanjing Lawyers Association gave a speech on three points: the problems after the amendment of the patent law, the enforceability of the amount of compensation, and the legal conflicts related to service inventions. Regarding the patent right evaluation report, he emphasized that the patentee, interested party or accused infringer can also proactively issue a patent right evaluation report. "Patent is a work of art that combines technology and law" is a message shared by Mr. Feng Tao from Jiangsu Junbo Law Firm at this event. Mr. Feng analyzes the big data of Chinese patent litigation cases through graphs and examples. Explore. The last topic of the event was shared by Guo Huangying, Intellectual Property Manager of Nanjing Huaxun Intellectual Property Agency (General Partnership)-China's Patent Infringement Judgment Principles and New Developments. Manager Guo explained to everyone the principles of patent infringement judgment and the necessity of patent infringement search and analysis before producing and selling products. In the intellectual property industry, ECCOM has been providing high-quality and professional comprehensive intellectual property services to enterprises and universities one step at a time. It also hopes that under the leadership of the state and the government, it will contribute to the building of a strong intellectual property nation in China. Make a contribution.
2021-10-22
Types

Types of patents that are easily overlooked- Design Patent

Types of patents that are easily overlooked- Design Patent In recent years, as the public’s awareness of intellectual property has increased, people have begun to consciously use the patent law to protect their intellectual property rights. However, in the process of implementation, they often only focus on invention patent and utility model patent, and tend to ignore the protection of design patent. Recently, Midea sued Haotaitai for two models of CXW-300-D998 and CXW-300-D908 Haotaitai brand range hoods In the case of suspected infringement of its design patent (patent number: ZL201930621598.X), the Guangzhou Intellectual Property Court made a first-instance judgment after hearing that it determined that the two products of Haotaitai constituted infringement, and ordered it to immediately stop the infringement and compensate Midea, The company's economic losses and reasonable expenses totaled 360,000 yuan. In fact, appearance infringement cases have occurred from time to time before, such as: "Molly" blind box design patent case, "Siemens" switch design patent infringement dispute case received a compensation of 6 million yuan, three Casio watch design patents were infringed Received a compensation of 8.8 million yuan and so on. The reason why people ignore the protection of design patents, in the final analysis, is that they have insufficient knowledge of design patents. Today, let's take a look at what is protected by design patents and what rights protections can we apply for? Design patent definition: Article 2 of the "Patent Law", design patent, refers to a new design that is aesthetically pleasing and suitable for industrial applications based on the shape, pattern, or combination of products, and the combination of color, shape, and pattern. Protected range: The shape of the product; the pattern of the product; the shape and pattern of the product; the shape and color of the product; the pattern and color of the product; the shape, pattern and color of the product. Protection period: The term of protection for design patent rights is 15 years, calculated from the date of filing. What are the conditions for applying for a design patent? The design should be aesthetically pleasing Appearance patents should be suitable for industrial applications The design patent application should be novel The design patent application should be inventiveness What are the advantages and functions of design patents? Protect the rights and interests of enterprises in product designs and fight against infringements in market competition. To enhance brand value, the quality and quantity of patents are the embodiment of the company's innovation ability and core competitiveness. Receive consumer recognition. If a company's new product appearance is filed for a patent in a timely manner, its appearance design will enjoy the exclusive right. Nowadays, consumers often choose products with trendy and beautiful appearance when buying their products. Applying for a design patent is a necessary condition for applying for a high-tech enterprise.
2021-09-26
Colopl

Colopl Settles Patent Infringement Lawsuit with Nintendo by Paying $30 Million

Colopl Settles Patent Infringement Lawsuit with Nintendo by Paying $30 Million   This August, Nintendo and a game developer Colopl announced that they have settled for patent infringement regarding White Cat Project (Shironeko Project in Japanese), a smartphone game developed by Colopl. Although both companies did not publicly share exact details of the settlement, at least it is sure that Colopl agreed to pay 3.3 billion yen (about US$30.2 million) as the settlement fee for the proceedings, including the future license of Nintendo's patents.    How did the battle begin?  Being developed and published by a Japanese game developer, Colopl, White Cat Project is a free-to-play action role-playing game for Android and iOS systems. The mobile game was launched in July 2014 as well as got a television anime adaptation in 2020. It is incredibly popular to have more than 50 million downloads. Furthermore, the game is set to receive a Switch version titled "Shironeko New Project".    In September 2016, Nintendo noted the Colopl's game and considered that the game had infringed on several of Nintendo's technology patents. The two companies communicated with each other for over a year; however, Nintendo did not accept the explanations from Colopl, and Nintendo filed a lawsuit against Colopl at the beginning of 2018.    Nintendo claimed that Colopl infringed 6 of its patents. These patents protect touch-screen joystick functionality (patent no. JP3734820), multiplayer connectivity (patent no. JP5595991, JP6271692), confirmation screens in sleep mode (patent no. JP4010533), character attacks based on touch input locations (patent no. JP4262217), and a shadow effect placed on characters hidden behind the game geometry (patent no. JP3637031).   These patents almost cover various ways of game technology, especially the patent  JP5595991 and JP6271692. Their patent family is wide-reaching, and many divisional applications of the family are pending in Japan. They protect a communication game system and its related devices. It is not easy to detect the patent's existence and boundary since this kind of hardcore technique is so common in the gaming field and our daily lives.     The five-year patent war has been settled.  After a five-year dispute, the situation appeared to turn in Nintendo's favor as the Switch maker increased its monetary demands, which convinced Colopl to strike a deal that lets it use the disputed patents. Furthermore, a Switch version of White Cat Project remains in the works at Colopl.    With the extraordinary losses of Colopl, the legal battle between the two companies came to an end.  
2021-09-09
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